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AI chatbots do not all handle children’s information the same way. A child’s prompts, uploaded images, voice recordings, account details, location and inferred interests may be collected, retained, used to personalise replies, improve a model, moderate content or shared with service providers. The governing rules depend on the child’s age, the service’s audience and the country where it operates.
For families, the safest approach is to inspect the specific chatbot’s current privacy policy and controls before allowing use. Check what is collected, why it is used, who receives it, how long it remains stored, and whether a parent or child can review and delete it. This article explains the main legal frameworks and a practical way to make that check.
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What information can an AI chatbot collect from a child?
A conversation can contain far more than the words needed to answer a question. Depending on the product, the service may process:
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- Conversation content: typed prompts, replies, attached documents, photos and generated images.
- Audio and video: microphone recordings, voice characteristics or camera input when those features are enabled.
- Technical and usage data: device identifiers, IP address, browser details, log files, clicks and feature use.
- Location: precise or approximate location inferred from a device or network. Children’s privacy guidance generally treats location as especially sensitive.
- Inferences: likely age, interests, mood, health concerns, relationships or preferences inferred from a child’s activity.
A child may volunteer sensitive information while asking for help with a problem. In an Australian eSafety Commissioner survey of 1,950 children aged 10–17 conducted from February 2 to March 4, 2026, 32% of children who had used an AI assistant or companion said they had shared personal data or potentially sensitive information. That is a self-reported result for the surveyed population, not a measurement of every chatbot or every child.
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The same survey found that 78% of surveyed children had used an AI assistant and 8% had used an AI companion. Among children who had used an assistant or companion, 54% said they used it for personal or social reasons, including advice about physical health (33%), feelings or challenges (22%), and mental health or wellbeing (20%). Those uses can make a transcript resemble a counselling or medical record, even when the service is not a professional provider.
Why privacy settings and defaults matter
Chatbots can remember earlier conversations, use them to personalise future responses, or retain them for safety and service operations. Some products let users turn history or memory off; others separate a visible chat history from longer-lived account records or saved memories. A delete button may remove an item from the user interface without immediately removing backups or records held for security and legal reasons. Only the provider’s current policy can establish the actual process.
Look for separate explanations of collection, use, disclosure, retention and security. A policy should say whether prompts are used to improve models, whether humans or contractors may review samples, whether advertising or profiling is involved, and which service providers receive data. It should also explain deletion timing and any exceptions.
Child-friendly controls are important because an adult account holder may not be the person entering the information. The UK Information Commissioner’s Office (ICO) Children’s Code calls for high privacy by default, collection and retention limited to what is necessary, restricted sharing and geolocation turned off by default. It also warns against “nudges” that pressure children to disclose more information or weaken a privacy setting.
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United States: what COPPA requires
The Children’s Online Privacy Protection Act (COPPA) is a US framework for operators of commercial websites and online services directed to children under 13, and for operators with actual knowledge that they are collecting personal information from a child under 13. It does not automatically impose one set of rules on every chatbot used by a teenager or on every general-audience service.
Notice and verifiable parental consent
For a covered service, the Federal Trade Commission (FTC) says the operator must give parents notice and obtain verifiable parental consent before collecting, using or disclosing a child’s personal information, subject to provisions and exceptions in the rule. The FTC describes the requirement plainly: “COPPA requires that you give parents ‘direct notice’ of your information practices before collecting information from their kids.”
Consent is not a one-time substitute for transparency. The operator’s privacy notice should identify the categories of information collected, how they are used, whether they are disclosed to third parties and the purposes of those disclosures. It should also explain the business reason and timeframe for keeping the information.
Parental access, deletion and retention
Parents must be told how to review or delete a child’s information and how to refuse further collection or use. The FTC states: “You cannot retain personal information collected from a child indefinitely.” Covered operators need reasonable security measures and a written retention and deletion policy. A parent should therefore look for an actual request channel or account control, not merely a general statement that data can be deleted.
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The narrow 2026 age-verification policy
In February 2026, the FTC described a limited enforcement policy concerning certain age-verification data collected by general-audience and mixed-audience services. The conditions include using the information solely to determine age, giving notice, applying reasonable safeguards, restricting disclosure and deleting the data promptly. This is not a general exemption from COPPA and does not allow a service to keep or repurpose a child’s identity information without meeting applicable requirements.
United Kingdom: the ICO Children’s Code
The ICO’s Children’s Code is a statutory code of practice explaining how UK data-protection law applies to online services likely to be accessed by children. It is not a new law that bans every design choice, but regulators and organisations must take its standards seriously when assessing compliance.
The code contains 15 standards. For chatbot use, the most practical are:
- Set privacy options high by default unless there is a compelling reason for a different setting.
- Collect and retain only the minimum personal data needed for the service.
- Do not usually share children’s data, and explain any necessary sharing.
- Keep geolocation off by default.
- Present explanations and choices in language a child can understand.
- Avoid interface prompts that encourage unnecessary disclosure or make a private setting difficult to keep.
A UK service can therefore create risk even when it does not sell data. Excessive retention, confusing controls or default location sharing may conflict with the code’s expectations of data minimisation and privacy by design.
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European Union: current guidance versus proposed law
Digital Services Act guidance
European Commission guidance under the Digital Services Act says platforms accessible to minors should assess the risks of AI features. It recommends that AI tools not be activated automatically for children, be easy to turn off and not be promoted or pushed through nudges. A visible, child-friendly notice should explain that the feature is not a human interaction and may produce inaccurate or misleading information.
These points are guidance for risk management and design. They should not be presented as a single chatbot-specific statute that already dictates every provider’s interface.
KIDS Act proposal
The European Commission’s KIDS Act FAQ describes a proposal, not enacted law. The proposal would add requirements for services including chatbot and companion products. Described measures include limiting designs that simulate human relationships in ways likely to create emotional dependency, preventing earlier conversations from carrying forward by default, requiring pre-launch risk testing and post-launch monitoring, and providing parental-control tools for children under 13.
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Because the proposal’s status can change through the legislative process, families should rely on the provider’s current terms and the law in their country rather than assuming these provisions are already mandatory.
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Privacy is only part of the child-safety question
Data handling and interaction safety overlap. A child who trusts a human-like chatbot may disclose more information or follow advice without checking it. In the 2026 eSafety survey, 20% of children who had used an AI assistant or companion reported potentially inappropriate or harmful interactions. That finding concerns reported experiences, not a finding that every product is unsafe.
UNICEF’s June 2026 policy brief compares regulatory approaches in six jurisdictions as of May 2026 and identifies child-rights risks in chatbot and companion products. UNICEF says its business recommendations reflect international best practice; they are not a compliance checklist for a particular country’s law.
How parents can check a chatbot before use
Use the service’s current privacy policy, age information and settings screens. Record the answers, because providers can change defaults and retention periods.
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- List every input channel. Check whether the product accepts text, voice, photos, video, contacts or location. Disable channels the child does not need.
- Read the purpose section. Determine whether prompts are used to generate replies only, personalise memory, improve models, moderate content, advertise or create inferences.
- Check sharing. Identify categories of service providers or other third parties and the stated purposes. Look for human review, cloud hosting and safety-monitoring disclosures.
- Find retention and deletion details. Note default chat-history and memory behaviour, retention periods, backup exceptions and the exact deletion route. Check whether deletion covers saved memories as well as visible chats.
- Set privacy controls. Turn off chat history, memory, personalisation, location and optional data-use settings where available. Recheck after major app updates.
- Test the child-facing explanation. The child should see a clear warning that the system is AI, can be wrong and is not a human friend or professional. Confirm that turning the feature off is easy.
- Plan supervision. Agree what must never be entered, such as passwords, financial details, exact address, school identifiers, private photos or another person’s information. Provide a way to report a troubling interaction without punishment.
How to compare two chatbot services
Broad labels such as “safe” or “unsafe” hide the differences that matter. Compare the actual, current policies and settings using these axes:
| Comparison point | Questions to answer | Why it matters |
|---|---|---|
| Age and consent | What is the minimum age? How is age checked? Is parental notice or consent required? | Determines whether the child can lawfully create an account and what protections apply. |
| Collection and purpose | Are prompts, voice, images, location or inferred traits collected? Are chats used for model improvement, personalisation or advertising? | Shows the information flow beyond generating a reply. |
| Retention and control | Is history or memory on by default? How long is data kept? Can a parent review and delete it? | Limits the harm from an exposed or mistakenly shared conversation. |
| Sharing and security | Which third parties receive data, for what purpose and under what safeguards? | Reveals who may handle the child’s information and how it is protected. |
| Child-facing design | Are defaults private? Are AI limitations explained? Can the child turn the feature off without friction? | Reduces manipulation, over-trust and accidental disclosure. |
No current source establishes that one named provider is best across all five axes. Policies, model-training options and age limits change, so compare the first-party terms at the time of account creation.
If a child has already shared personal information
- Stop additional sharing and preserve the account details needed to make a support request.
- Use the service’s privacy dashboard or parental request channel to delete chats, memories and uploaded files. Ask specifically about backups and retained safety logs.
- Change any password or security answer that appeared in the conversation. If financial or identity information was exposed, contact the relevant bank or authority.
- Review connected apps, microphone, camera and location permissions on the device.
- Report harmful or exploitative content through the provider and, where appropriate, a national child-safety or data-protection authority.
- Explain to the child that an AI system can be wrong and that asking for help is not a punishment. A calm response makes future disclosure more likely.
Why regulators are examining chatbot practices
In September 2025, the FTC opened a Section 6(b) inquiry into seven consumer-facing chatbot companies. It requested information about testing and monitoring for possible negative effects on children, restrictions on use, disclosures, conversation processing, sharing of personal information and engagement monetisation. An inquiry is a fact-finding action, not a determination that a company violated the law.
Regulatory expectations are still developing across jurisdictions. That is why a provider’s precise policy and controls matter more than a generic claim that an app is “AI-powered” or “kid-friendly.”
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